# EUR-Lex - 52013PC0243 - EN

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# 52013PC0243

**Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union with regard to certain resolutions to be voted in the framework of the International Organisation for Vine and Wine (OIV) /* COM/2013/0243 final - 2013/0129 (NLE) */**

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EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL

The International Organisation of Vine and Wine
(OIV) is an intergovernmental scientific and technical organisation active in
the sector of vine, wine, wine-based drinks, table grapes, raisins and other vine
products. The objectives of the OIV are (i) to inform via publications and
organisation of events and symposiums, (ii) to assist other international
organisations involved in standardisation activities and (iii) to contribute to
international harmonisation of existing practices and standards. Currently 44
States are members of the OIV, among which 20 are Member States of the Union.
The EU is currently not a member of the OIV.

At EU level, pursuant to Council Regulation
(EC) No 1234/2007 of 22 October 2007 establishing a common organisation of
agricultural markets and on specific provisions for certain agricultural
products (Single CMO Regulation, OJ L 299, p. 1), certain resolutions adopted
and published by the OIV affect EU law. The Single CMO provides for references
to the OIV resolutions in the following provisions:

- the methods of analysis for determining the
composition of the products of the wine sector and certain purity and
identification specifications of substances used in oenological practices so
that the rules adopted and published by the OIV become ipso facto binding on
this matter within the EU (Article 120(g) of the Single CMO and Article 9 of
Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain
detailed rules for implementing Council Regulation (EC) No 479/2008 as regards
the categories of grapevine products, oenological practices and the applicable
restrictions, OJ L 193 p. 1);

- oenological practices adopted and published
by the OIV upon which the Commission must base itself when it authorises such
practices (Article 120(f) of Single CMO); and

- the same oenological practices according to
which the EU must accept wines produced in third countries and which therefore
become ipso facto binding in the EU (Article 158(a) of the Single CMO).

Similarly, pursuant to the Commission
Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community
reference methods for the analysis of spirits drinks (OJ L 333, p. 20) certain
resolutions adopted and published by the OIV affect EU law. Article 3 of Regulation
2870/2000 provides for reference to OIV resolutions where Community analytical
reference methods are not laid down for the detection and quantification of
substances contained in a particular spirit drink.

On the basis of discussions held within the
groups of experts meeting to prepare the General Assembly of the OIV, it can be
expected that the following Resolutions, producing legal effect within the EU
acquis, will be on the agenda of the General Assembly for adoption:

- The draft Resolutions OENO-TECHNO 11-498 and
11-499 establish new oenological practices. In accordance with Articles 120(f)
and 158(a) of Regulation (EC) No 1234/2007, these Resolutions will affect the
acquis.

- The draft Resolutions OENO-SCMA 9-418, 10-440,
10-480, 11-477, 11-478, 12-510 and 12-511 establish methods of analysis. In
accordance Article 120(g) of Regulation (EC) No 1234/2007, these resolutions
will affect the acquis.

- The draft Resolutions OENO-MICRO 11-496 et
11-497, OENO-SPECIF 10-459, 11-481, 11-482, 11-487, 11-488 and 11-495 establish
purity and identification specifications of substances used in oenological
practices. In accordance with Article 9 of Regulation (EC) No 606/2009, these
Resolutions will affect the acquis.

- The draft Resolution OENO-SCMA 12-521
establishes a method of analysis for certain spirit drinks. In accordance with
Article 3 of Regulation (EC) No 2870/2000, this Resolution will affect the
acquis.

The above mentioned resolutions have been
extensively discussed between scientific and technical experts of the wine
sector. They contribute to the international harmonisation of the wine standard
and they will set a framework which will ensure fair competition in the trading
of wine sector products. They should therefore be supported.

As in the past, it can be expected that the
agenda of the meeting of the General Assembly of the OIV will still evolve and
that further Resolutions affecting the acquis will be added to the agenda. In
order to ensure efficiency of the work of the General Assembly while respecting
the rules of the Treaties, the Commission will in due time supplement and/or
amend the present proposal to enable the Council to adopt the position to be
taken also for these Resolutions.

2013/0129 (NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be adopted on
behalf of the European Union with regard to certain resolutions to be voted in
the framework of the International Organisation for Vine and Wine (OIV)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43, in conjunction
with Article 218(9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       The International
Organisation of Vine and Wine (OIV) is an intergovernmental scientific and
technical organisation active in the sector of vine, wine, wine-based drinks,
table grapes, raisins and other vine products. The objectives of the OIV are
(i) to inform via publications and organisation of events and symposiums, (ii)
to assist other international organisations involved in standardisation
activities and (iii) to contribute to international harmonisation of existing
practices and standards. Currently 44 States are members of the OIV, among
which 20 are Member States of the Union. The EU is currently not a member of
the OIV.

(2)       At EU level, pursuant to
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common
organisation of agricultural markets and on specific provisions for certain
agricultural products (Single CMO Regulation, OJ L 299, p. 1), certain
resolutions adopted and published by the OIV affect EU law. The Single CMO
provides for references to the OIV resolutions in the following provisions:

- the methods of analysis for determining the
composition of the products of the wine sector and certain purity and
identification specifications of substances used in oenological practices so
that the rules adopted and published by the OIV become ipso facto binding on
this matter within the EU (Article 120(g) of the Single CMO and Article 9 of
Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain
detailed rules for implementing Council Regulation (EC) No 479/2008 as regards
the categories of grapevine products, oenological practices and the applicable
restrictions, OJ L 193 p. 1);

- oenological practices adopted and published
by the OIV upon which the Commission must base itself when it authorises such
practices (Article 120(f) of Single CMO); and

- the same oenological practices according to
which the EU must accept wines produced in third countries and which therefore
become ipso facto binding in the EU (Article 158(a) of the Single CMO).

(3)       Similarly, pursuant the
Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down
Community reference methods for the analysis of spirits drinks (OJ L 333, p.
20) certain resolutions adopted and published by the OIV affect EU law. Article
3 of Regulation (EC) No 2870/2000 provides for reference to OIV resolutions
where Community analytical reference methods are not laid down for the
detection and quantification of substances contained in a particular spirit
drink.

(4)       The next meeting of the
General Assembly of the OIV will take place on 8 June 2013. On that occasion,
the General Assembly will examine and possibly adopt Resolutions which will
produce the legal effects referred to.

(5)       It is therefore necessary
to adopt, before that meeting of the General Assembly of the OIV, the positions
that the Member States which are members of the OIV, acting jointly in the
interest of the EU, should take in the General Assembly of the OIV with regard
to these Resolutions.

(6)       The draft Resolutions OENO-TECHNO
11-498 and 11-499 establish new oenological practices. In accordance with
Articles 120(f) and 158(a) of Regulation (EC) No 1234/2007, these Resolutions
will affect the acquis.

(7)       The draft Resolutions OENO-SCMA
9-418, 10-440, 10-480, 11-477, 11-478, 12-510 and 12-511, establish methods of
analysis. In accordance Article 120(g) of Regulation (EC) No 1234/2007, these
resolutions will affect the acquis.

(8)       The draft Resolutions OENO-MICRO
11-496 et 11-497, OENO-SPECIF 10-459, 11-481, 11-482, 11-487, 11-488 and 11-495
establish purity and identification specifications of substances used in
oenological practices. In accordance with Article 9 of Regulation (EC) No
606/2009, these Resolutions will affect the acquis.

(9)       The draft Resolution
OENO-SCMA 12-521 establishes a method of analysis for certain spirit drinks. In
accordance with Article 3 of Regulation (EC) No 2870/2000, this Resolution will
affect the acquis.

(10)     The above mentioned
resolutions have been extensively discussed between scientific and technical
experts of the wine sector. They contribute to the international harmonisation
of the wine standard and they will set a framework which will ensure fair
competition in the trading of wine sector products. They should therefore be
supported.

(11)     In order to allow for the
necessary flexibility during the negotiations ahead of the meeting of the
General Assembly of the OIV, Member States which are members of the OIV should
be authorised to agree to changes to these resolutions provided that such
changes do not alter substance thereof.

HAS ADOPTED THIS DECISION:

Article 1

The position of the Union at the General
Assembly of the OIV in 2013 shall be in accordance with the Annex to this
Decision and shall be expressed by the Member States which are Members of the
OIV, acting jointly in the interest of the Union.

Article 2

1.           Where the position
referred to in Article 1 is likely to be affected by new scientific or
technical information presented before or during the meetings of the OIV, Member
States which are Members of the OIV shall request that the voting in the OIV
General Assembly be postponed until the position of the Union is established on
the basis of the new elements.

2.           Following coordination, in
particular on the spot, and without further decision of the Council
establishing the position of the Union, the Member States which are Members of
the OIV, acting jointly in the interest of the Union, may agree to changes to
the draft resolutions referred to in the Annex to this Decision which do not
alter the substance thereof.

Article 3

This
Decision is addressed to the Member States.

Done at Brussels,

For
the Council

The
President

ANNEX

The Member States acting jointly in the
interest of the Union shall support only, and subject to any future review on
the basis of new developments, the following draft resolutions at step 7 on
methods of analysis for determining the composition of the products of the wine
sector, on purity and identification specifications of substances used in
oenological practices and on oenological practices:

OENO-TECHNO 11-498, modification of the files
of oenological practices regarding enzymes,

OENO-TECHNO 11-499, dissolved gas
management in wine using membrane contactors,

OENO-SCMA 9-418, Practical guide for the
assessment, quality control, and uncertainty analysis of an oenological
analysis method,

OENO-SCMA 10-440, guidelines for the
olfactory and taste evaluation of wine defects,

OENO-SCMA 10-480, determination of methanol
by gas chromatography,

OENO-SCMA 11-477, detection and assay of
phthalates in wines,

OENO-SCMA 11-478, analysis of mineral
elements in wines and spirits using ICP-AES (Inductively Coupled Plasma /
Atomic Emission Spectrometry),

OENO-SCMA 12-510, determination by isotope
ratio mass spectrometry 13C/12C of acetic acid of wine
vinegar,

OENO-SCMA 12-511, method for 18O/16O
isotope ratio determination of water in wine vinegar,

OENO-SCMA 12-521, detection and assay of
phthalates in spirit drinks,

OENO-MICRO 11-496, monograph on yeast
autolysates,

OENO-MICRO 11-497, cellular yeast hulls –
codex,

OENO-SPECIF 10-459, monograph on inactivated
yeasts,

OENO-SPECIF 11-481, monograph on
ultrafiltration membranes,

OENO-SPECIF 11-482, monograph on
nanofiltration membranes,

OENO-SPECIF 11-487, revision of the
monograph on measurement of cinnamoyl esterase activity in enzymatic
preparations (OIV-OENO 6-2007),

OENO-SPECIF 11-488, revision of the
monograph on determination of beta-glucanase (ß 1-3, ß 1-6) activity in enzyme
preparations (OIV-OENO 340-2010),

OENO-SPECIF 11-495, monograph on protein
plant origin - modification of the file.